Notice of Interim Final Supplementary Rules for Public Lands Managed by the California Desert District, 36438-36441 [2010-15437]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 36438 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Notices native plants. Enhancements in the management of moist-soil habitat will include developing complete water control capability on all moist-soil unit acreage and use of periodic disturbance to set back succession. Further, we will pursue cooperative projects to improve habitat quality on 500 acres of open water. Waterfowl usage and shorebird response to habitat management also will be monitored. Wildlife-dependent recreation activities will be the same as under Alternative A (Current Management). The two significant enhancements in the public use program will be development of an environmental education center and the addition of a park ranger (visitor services) position. These enhancements will greatly increase our capability and opportunity to conduct environmental education and interpretation programs, and to better utilize qualified volunteers in support of Holla Bend NWR’s mission and objectives. One function of the park ranger will be to develop a plan for recruiting and effectively managing volunteer support. This alternative also will include the addition of an ADA-compliant fishing pier at Lodge Lake’s bank fishing area, development of a bird observation trail north of the refuge office, improvements to the Lodge Lake Trail and the loop to the Levee Trail, and selective vegetation management along refuge roads to improve wildlife viewing opportunities. Information kiosks, directional signs, parking lots, and other visitor use facilities also will be improved to the extent feasible. This will include determining the maximum number of archery hunters we can support and evaluating the feasibility of adding a dove hunt season. Under this alternative, we will pursue opportunities that arise to purchase or exchange priority tracts within the refuge acquisition boundary, which includes 1,703 acres in private ownership distributed in numerous small tracts around the perimeter of the refuge. We will maintain the refuge as resources allow. The staff will be made up of the following: refuge manager, deputy refuge manager, heavy equipment operator, office assistant, biologist, biological science technician, park ranger (public use), park ranger (law enforcement), refuge operations specialist, and heavy equipment mechanic. Authority This notice is published under the authority of the National Wildlife VerDate Mar<15>2010 16:23 Jun 24, 2010 Jkt 220001 Refuge System Improvement Act of 1997, Public Law 105–57. Dated: April 22, 2010. Mark J. Musaus, Acting Regional Director. [FR Doc. 2010–15434 Filed 6–24–10; 8:45 am] BILLING CODE 4310–55–P DEPARTMENT OF THE INTERIOR Bureau of Land Management [L12200000.NO0000 .LLCAD00000] Notice of Interim Final Supplementary Rules for Public Lands Managed by the California Desert District AGENCY: Bureau of Land Management, Interior. ACTION: Notice of Interim Final Supplementary Rules. SUMMARY: The Bureau of Land Management (BLM) California Desert District (CDD) Office and the five Field Offices within the CDD, are issuing interim final supplementary rules for public lands administered by the BLM. The BLM has determined these interim final supplementary rules are necessary to enhance the safety of visitors, protect public health, protect natural resources, and improve recreation experiences and opportunities. DATES: The interim final supplementary rules are effective June 25, 2010 and remain in effect until modified or rescinded by the publication of the final supplementary rules. We invite comments until July 26, 2010. Comments postmarked or received in person after this date may not be considered in the development of the final supplementary rules. ADDRESSES: You may submit comments by the following methods: Mail or handdelivery: Lynnette Elser, Bureau of Land Management, California Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553. FOR FURTHER INFORMATION CONTACT: Lynnette Elser, Planning and Environmental Coordinator, BLM, California Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553, phone: (951) 697–5233, or e-mail: lelser@ca.blm.gov. SUPPLEMENTARY INFORMATION: I. Public Comment Procedures You may mail or hand-deliver comments to Lynnette Elser, Planning and Environmental Coordinator, BLM, California Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553. Written comments on the interim final PO 00000 Frm 00093 Fmt 4703 Sfmt 4703 supplementary rules should be specific, confined to issues pertinent to the interim final supplementary rules, and should explain the reason for any recommended change. Where possible, comments should reference the specific section or paragraph of the rule that the comment is addressing. The BLM is not obligated to consider or include in the Administrative Record for the interim final supplementary rule: (a) comments that the BLM receives after the close of the comment period (See DATES), unless they are postmarked or electronically dated before the deadline, or (b) comments delivered to an address other than those listed above (See ADDRESSES). Comments, including names, street addresses, and other contact information of respondents, will be available for public review at the BLM’s CDD Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553, during regular business hours (8 a.m. to 4 p.m.), Monday through Friday, except Federal holidays. Before including your address, telephone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. II. Background Visitors to the CDD encounter inconsistent rules regarding appropriate behavior in recreational areas. This inconsistency hampers the BLM’s ability to provide a safe familyorientated recreational experience for the visitors. The BLM is establishing these rules to provide a consistent set of rules for the BLM managed land within the CDD. The BLM is establishing these interim final supplementary rules under the authority of 43 CFR 8365.1–6, which allows the BLM State Directors to establish such rules for the protection of persons, property, and public lands and resources. The BLM finds good cause to publish these supplementary rules on an interim basis because of immediate public safety and resource protection needs within the management area. These supplementary rules will serve as an enforcement tool in minimizing resource impacts and enhancing visitor safety. An estimated 5 million visitors use these BLM administered lands, encompassing more than 11 million acres, each year for a large variety of E:\FR\FM\25JNN1.SGM 25JNN1 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Notices recreational and other activities. The BLM is responsible for providing recreational opportunities on public lands. These interim final supplementary rules will prohibit acts, such as riding in truck beds, for safety reasons and create resource protection rules such as regulating camp fires, trash, and campsite closures. These interim final supplementary rules will provide consistency for public lands managed by the five Field Offices in the CDD. Therefore, the immediate implementation of these supplementary rules is required. These rules do not propose or implement any land use limitations or restrictions as described in the Multiple Use Classification Guidelines of the California Desert Conservation Area Plan other than those included within the BLM’s decisions associated with the CDCA Plan, as amended, and associated environmental impact statements and environmental assessments (EA), or allowed under existing law or regulation. The CDD is located in southern California and includes all BLM managed land in Imperial, Inyo, Kern, Riverside, Los Angeles, San Bernardino, and San Diego Counties, California. A map of the area can be obtained by contacting the CDD office (see ADDRESSES) or by accessing the following Web site: http:// www.ca.blm.gov. The supplementary rules will be available for inspection in the BLM’s CDD Office in Moreno Valley, the CDD’s five Field Offices: Ridgecrest, Barstow, Palm Springs-South Coast, Needles and El Centro Field Offices, and on kiosks throughout the CDD. These rules will be published in a newspaper of general circulation in the affected vicinity at the same time they are published in the Federal Register. mstockstill on DSKH9S0YB1PROD with NOTICES III. Procedural Matters Executive Order 12866, Regulatory Planning and Review These supplementary rules are not a significant regulatory action and are not subject to review by the Office of Management and Budget under Executive Order 12866. They will not have an effect of $100 million or more on the economy. They do not affect commercial activity. They will not adversely affect, in a material way, the economy, productivity, competition, jobs, environment, public health or safety, or State, local, or tribal governments or communities. They will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency. They do not alter the budgetary effects of VerDate Mar<15>2010 16:23 Jun 24, 2010 Jkt 220001 entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; nor do they raise novel legal or policy issues. These rules merely contain rules of conduct for public use of public land and provide for consistency within the CDD. Clarity of the Interim Final Supplementary Rules Executive Order 12866 requires each agency to write regulations that are simple and easy to understand. The BLM invites your comments on how to make these supplementary rules easier to understand, including answers to questions such as the following: (1) Are the requirements in the supplementary rules clearly stated? (2) Do the supplementary rules contain technical language or jargon that interferes with their clarity? (3) Does the format of the supplementary rules (grouping and order of sections, use of headings, paragraphing, etc.) aid or reduce their clarity? (4) Would the supplementary rules be easier to understand if they were divided into more (but shorter) sections? (5) Is the description of the supplementary rules in the SUPPLMENTARY INFORMATION section of this preamble helpful in understanding the interim final supplementary rules? How could this description be more helpful in making the interim final supplementary rules easier to understand? Please send any comments you have on the clarity of the supplementary rules to the address specified in the ADDRESSES section. National Environmental Policy Act (NEPA) The BLM has prepared an EA (CA– 670–10–38) and has determined that the rules would not constitute a major Federal action significantly affecting the quality of the human environment under Section 102(2)(C) of NEPA, 42 U.S.C. 4332(2)(C). The EA was posted on the CDD Web site and was available for a 30-day public comment period from October 20, 2009 through November 20, 2009. A finding of no significant impact was signed February 1, 2010 and a decision record was signed February 1, 2010. The BLM invites the public to comment on the EA and Finding of No Significant Impact in accordance with the Public Comment. These supplementary rules merely establish rules of conduct for the lands managed by the BLM CDD and its five Field Offices. These rules are designed to protect the environment and public health and safety. PO 00000 Frm 00094 Fmt 4703 Sfmt 4703 36439 Regulatory Flexibility Act Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as amended, 5 U.S.C. 601–612, to ensure that Government regulations do not unnecessarily or disproportionately burden small entities. The RFA requires a regulatory flexibility analysis if a rule would have a significant economic impact, either detrimental or beneficial, on a substantial number of small entities. These rules merely establish rules of conduct for public recreational use of specific public lands. Therefore, the BLM has determined under the RFA that these rules would not have a significant economic impact on a substantial number of small entities. Small Business Regulatory Enforcement Fairness Act These interim final supplementary rules do not constitute a ‘‘major rule’’ as defined at 5 U.S.C. 804(2). These rules merely establish rules of conduct for recreational use of certain public lands and do not affect commercial or business activities of any kind. Unfunded Mandates Reform Act These supplementary rules do not impose an unfunded mandate on State, local or tribal governments or the private sector of more than $100 million per year; nor do these supplementary rules have a significant or unique effect on State, local, or tribal governments or the private sector. These supplementary rules have no effect on State, local, or tribal governments and do not impose any requirements on any of these entities. Therefore, the BLM has determined that a statement containing the information required by the Unfunded Mandates Reform Act (2 U.S.C 1531 et seq.). Executive Order 12630, Governmental Actions and Interference with Constitutionally Protected Property Rights (Takings) These supplementary rules do not represent a government action capable of interfering with constitutionally protected property rights. The supplementary rules do not address property rights in any form, and do not cause the impairment of one’s property rights. Therefore, the BLM has determined that these interim final supplementary rules would not cause a ‘‘taking’’ of private property or require further discussion of takings implications under this Executive Order. Executive Order 13132, Federalism The supplementary rules will not have a substantial direct effect on the E:\FR\FM\25JNN1.SGM 25JNN1 36440 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Notices States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government. These supplementary rules do not conflict with any California State law or regulation. Therefore, in accordance with Executive Order 13132, the BLM has determined that these supplementary rules do not have sufficient Federalism implications to warrant preparation of a Federalism Assessment. Executive Order 12988, Civil Justice Reform Under Executive Order 12988, the BLM California State Office has determined that these supplementary rules would not unduly burden the judicial system and that they meet requirements of sections 3(a) and 3(b)(2) of the Order. Executive Order 13175, Consultation and Coordination with Indian Tribal Governments In accordance with Executive Order 13175, the BLM has found that these supplementary rules do not include policies that have tribal implications. The supplementary rules do not affect Indian resource, religious, or property rights. mstockstill on DSKH9S0YB1PROD with NOTICES Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use These supplementary rules do not comprise a significant energy action. The rules will not have an adverse effect on energy supply, production, or consumption and have no connection with energy policy. Executive Order 13352, Facilitation of Cooperative Conservation In accordance with Executive Order 13352, the BLM has determined that the supplementary rules will not impede facilitating cooperative conservation; will take appropriate account of and consider the interests of persons with ownership or other legally recognized interests in land or other natural resources; properly accommodate local participation in the Federal decisionmaking process; and provide that the programs, projects, and activities are consistent with protecting public health and safety. These rules merely establish rules of conduct for recreational use of certain public lands. Paperwork Reduction Act These supplementary rules do not contain information collection VerDate Mar<15>2010 16:23 Jun 24, 2010 Jkt 220001 requirements that the Office of Management and Budget must approve under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq. Information Quality Act In developing these supplementary rules, the BLM did not conduct or use a study, experiment or survey requiring peer review under the Information Quality Act (Section 515 of Pub. L. 106– 554). Author The principal author of these interim final supplementary rules is Lynnette Elser, Planning and Environmental Coordinator, BLM California Desert District. Supplementary Rules for Lands Managed by the BLM California Desert District Office For the reasons stated in the Preamble and under the authority of 43 CFR 8365.1–6, the California State Director, Bureau of Land Management, issues supplementary rules for public lands managed by the California Desert District (CDD), to read as follows: Section 1—Definitions BLM California Desert District means public land, managed by the BLM, totaling over 11 million acres, primarily in the southern and eastern portions of California. The California Desert District, under the authority of the District Manager, provides coordination and oversight to the five field offices of the California Desert District. The California Desert District office is located in Moreno Valley, California. This includes all of the land managed by the BLM Ridgecrest Field Office, the BLM Barstow Field Office, the BLM Palm Springs-South Coast Field Office, the BLM Needles Field Office, and the BLM El Centro Field Office. A map of this land is available at the CDD office. Camp means day or overnight use of a tent, trailer, motor coach, fifth wheel, camper, or similar vehicle or structure. Developed Sites and Areas means sites and areas that contain structures or capital improvements primarily used by the public for recreation purposes. Such sites or areas may include such features as: Delineated spaces for parking, camping or boat launching; sanitary facilities; potable water; grills or fire rings; tables; or controlled access. This definition is consistent with 43 CFR part 8360. Off Road Vehicle (ORV) means ORV as defined by 43 CFR 8340.0–5. Public Nudity means nudity in a place where a person may be observed by another person. PO 00000 Frm 00095 Fmt 4703 Sfmt 4703 Nudity means nudity as defined by 14 California Code of Regulations Section 4322. Special Recreation Permit means a permit issued under the authority of 43 CFR 8372.1. Section 2—Supplementary Rules The following rules apply on public lands administered by the BLM California Desert District unless explicitly authorized by a permit or other authorization document issued by the BLM: 1. Public nudity is prohibited at all developed sites and areas and all ORV open areas. 2. It is prohibited for a person to ride in or transport another person in or on a portion of an ORV or trailer that is not designed or intended for the transportation of passengers. 3. It is prohibited to use as firewood, or have in their possession, any firewood materials containing nails, screws, or other metal hardware, including, but not limited to, wood pallets and/or construction debris. 4. Possession of glass beverage containers is prohibited in all developed sites and areas and all ORV open areas. 5. It is prohibited to place into the ground any non-flexible object, such as, but not limited to, metal or wood stakes, poles, or pipes, with the exception of small tent or awning stakes, at all developed sites and areas and all ORV open areas. 6. It is prohibited to camp within the areas commonly known as Competition Hill Corridor and Competition Hill located within the Dumont Dunes ORV Area, as shown in the map at the entrance kiosk. 7. It is prohibited to reserve or save a camping space for another person at all developed sites and areas and all ORV open areas. 8. All persons must keep their sites free of trash and litter during the period of occupancy. Employees and agents of the BLM are exempt from these rules during the performance of specific official duties as authorized by the CDD Manager, or the Ridgecrest, Barstow, Needles, Palm Springs-South Coast or El Centro Field Managers. Section 3—Penalties On public lands under Section 303(a) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1733(a); 43 CFR 8360.0–7; 43 CFR 2932.57(b)), any person who violates any of these supplementary rules may be tried before a United States Magistrate and fined no more than E:\FR\FM\25JNN1.SGM 25JNN1 Federal Register / Vol. 75, No. 122 / Friday, June 25, 2010 / Notices $1,000 or imprisoned for no more than 12 months, or both. Such violations may also be subject to the enhanced fines provided for by 18 U.S.C. 3571. Those who violate these rules may also be subject to civil action for unauthorized use of the public lands, violations of special recreation permit terms, conditions, or stipulations, or for uses beyond those allowed by the permit under 43 CFR 2932.57(b)(2). James Wesley Abbott, Acting State Director. cannot guarantee that we will be able to do so. Lisa Deline, Acting Chief, National Register of Historic Places/National Historic Landmarks Program. ARKANSAS West Memphis City Hall, 100 Court St, West Memphis, 10000444 Jefferson County Antioch Missionary Baptist Church Cemetery, 500 N. McKinney Rd, Sherrill, 10000437 COLORADO BILLING CODE 4310–40–P Denver County Bennett-Field House, 740 Clarkson St, Denver, 10000435 mstockstill on DSKH9S0YB1PROD with NOTICES National Register of Historic Places; Notification of Pending Nominations and Related Actions Greene County Jackson County Montgomery Ward and Comapny General Merchandise Warehouse (Railroad Related Historic Commercial and Industrial Resources in Kansas City, Missouri MPS) 819 E 19th St, Kansas City, 10000461 St. Louis County Carney—Keightley House, 930 Hawkins Rd, Fenton, 10000460 NEVADA Clark County Gypsum Cave, 6 mi E of Las Vegas, Las Vegas Field Office BLM, Las Vegas, 10000443 OHIO FLORIDA Nominations for the following properties being considered for listing or related actions in the National Register were received by the National Park Service before May 29, 2010. Pursuant to section 60.13 of 36 CFR part 60, written comments are being accepted concerning the significance of the nominated properties under the National Register criteria for evaluation. Comments are also being accepted on the following properties being considered for removal pursuant to 36 CFR 60.15. Comments may be forwarded by United States Postal Service, to the National Register of Historic Places, National Park Service, 1849 C St. NW., 2280, Washington, DC 20240; by all other carriers, National Register of Historic Places, National Park Service,1201 Eye St. NW., 8th floor, Washington DC 20005; or by fax, 202–371–6447. Written or faxed comments should be submitted by July 12, 2010. Before including your address, phone number, e-mail address, or other personal identifying information in your comment, you should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we Clay County Holly Cottage, 6935 Old Church Rd, Green Cove Springs, 10000442 KANSAS Brown County Bierer, Samuel, House, 410 N 7th St, Hiawatha, 10000450 Chase County Shaft, William C. & Jane, House, 1682 FP Rd, Cedar Point, 10000449 Auglaize County Wintzer, Charles, Building, 202 Auglaize St W, Wapakoneta, 10000455 Franklin County East North Broadway Historic District, E. N Broadway roughly between Broadway Pl and N Broadway Ln, Columbus, 10000454 Lorain County Avon Isle, 37080 Detroit Rd, Avon, 10000456 Richland County Bellville Cemetery Chapel, Bellville Cemetery, SR 97, Bellville, 10000457 PUERTO RICO Dickinson County J.S. Hollinger Farmstead Agriculture-Related Resources of Kansas) 2250 2100 Ave, Chapman, 10000448 Gove County Beamer Barn (Agriculture-Related Resources of Kansas) 2931 CR 18, Oakley, 10000452 McPherson County Hjerpe Grocery, 110 & 112 N Main, Lindsborg, 10000447 Republic County Stevenson, S.T., House, 2012 N St, Belleville, 10000451 Camuy Municipality Ernesto Memorial Chapel, Intersection SRs 486 and 488, Abra Honda Ward, Camuy, 10000453 VIRGINIA Gloucester County Hockley, 6640 Ware Neck Rd, Gloucester, 10000446 Norfolk Independent city St. Peter’s Episcopal Church, 1625 Brown Ave, Norfolk, 10000445 MISSISSIPPI Attala County Brett, George Washington, House, 3021 Attala Rd 3220, West, 10000440 Scott County Dungannon Depot, 3rd Ave (SR 65), Dungannon, 10000459 WISCONSIN Hancock County Old Bay St. Louis Historic District, Roughly bounded by Beach Blvd, Third St on the E; Breath Ln and Hwy 90 on the N; Seminary Dr, St. Francis St, and, Bat St. Louis, 10000441 Hinds County George Street Grocery, 416 George St, Jackson, 10000438 Jkt 220001 MISSOURI Shawnee, 56016–56114 Frontage Rd; 55919– 56278 Hwy 285; 31–36 W. Shawnee Rd; 54–152 Waterworks Rd, Shawnee, 10000434 National Park Service 16:23 Jun 24, 2010 Greyhound Lines Station, 325 Main St, Greenwood, 10000439 Park County DEPARTMENT OF THE INTERIOR VerDate Mar<15>2010 Leflore County Springfield Grocer Company Warehouse, 323 N. Patton Ave, Springfield, 10000462 Crittenden County [FR Doc. 2010–15437 Filed 6–24–10; 8:45 am] 36441 PO 00000 Frm 00096 Fmt 4703 Sfmt 9990 Columbia County Sharrow, Frances Kurth, House, 841 Park Ave, Columbus, 10000436 Milwaukee County Honey Creek Parkway (Milwaukee County Parkway System) Located between STH 181 at I 94 and N 72nd st, Wautwatosa, 10000458 [FR Doc. 2010–15396 Filed 6–24–10; 8:45 am] BILLING CODE 4312–51–P E:\FR\FM\25JNN1.SGM 25JNN1

Agencies

[Federal Register Volume 75, Number 122 (Friday, June 25, 2010)]
[Notices]
[Pages 36438-36441]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15437]


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DEPARTMENT OF THE INTERIOR

Bureau of Land Management

[L12200000.NO0000 .LLCAD00000]


Notice of Interim Final Supplementary Rules for Public Lands 
Managed by the California Desert District

AGENCY: Bureau of Land Management, Interior.

ACTION: Notice of Interim Final Supplementary Rules.

-----------------------------------------------------------------------

SUMMARY: The Bureau of Land Management (BLM) California Desert District 
(CDD) Office and the five Field Offices within the CDD, are issuing 
interim final supplementary rules for public lands administered by the 
BLM. The BLM has determined these interim final supplementary rules are 
necessary to enhance the safety of visitors, protect public health, 
protect natural resources, and improve recreation experiences and 
opportunities.

DATES: The interim final supplementary rules are effective June 25, 
2010 and remain in effect until modified or rescinded by the 
publication of the final supplementary rules. We invite comments until 
July 26, 2010. Comments postmarked or received in person after this 
date may not be considered in the development of the final 
supplementary rules.

ADDRESSES: You may submit comments by the following methods: Mail or 
hand-delivery: Lynnette Elser, Bureau of Land Management, California 
Desert District Office, 22835 Calle San Juan De Los Lagos, Moreno 
Valley, California 92553.

FOR FURTHER INFORMATION CONTACT: Lynnette Elser, Planning and 
Environmental Coordinator, BLM, California Desert District Office, 
22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553, 
phone: (951) 697-5233, or e-mail: lelser@ca.blm.gov.

SUPPLEMENTARY INFORMATION:

I. Public Comment Procedures

    You may mail or hand-deliver comments to Lynnette Elser, Planning 
and Environmental Coordinator, BLM, California Desert District Office, 
22835 Calle San Juan De Los Lagos, Moreno Valley, California 92553. 
Written comments on the interim final supplementary rules should be 
specific, confined to issues pertinent to the interim final 
supplementary rules, and should explain the reason for any recommended 
change. Where possible, comments should reference the specific section 
or paragraph of the rule that the comment is addressing. The BLM is not 
obligated to consider or include in the Administrative Record for the 
interim final supplementary rule: (a) comments that the BLM receives 
after the close of the comment period (See DATES), unless they are 
postmarked or electronically dated before the deadline, or (b) comments 
delivered to an address other than those listed above (See ADDRESSES).
    Comments, including names, street addresses, and other contact 
information of respondents, will be available for public review at the 
BLM's CDD Office, 22835 Calle San Juan De Los Lagos, Moreno Valley, 
California 92553, during regular business hours (8 a.m. to 4 p.m.), 
Monday through Friday, except Federal holidays. Before including your 
address, telephone number, e-mail address, or other personal 
identifying information in your comment, you should be aware that your 
entire comment--including your personal identifying information--may be 
made publicly available at any time. While you can ask us in your 
comment to withhold your personal identifying information from public 
review, we cannot guarantee that we will be able to do so.

II. Background

    Visitors to the CDD encounter inconsistent rules regarding 
appropriate behavior in recreational areas. This inconsistency hampers 
the BLM's ability to provide a safe family-orientated recreational 
experience for the visitors. The BLM is establishing these rules to 
provide a consistent set of rules for the BLM managed land within the 
CDD.
    The BLM is establishing these interim final supplementary rules 
under the authority of 43 CFR 8365.1-6, which allows the BLM State 
Directors to establish such rules for the protection of persons, 
property, and public lands and resources.
    The BLM finds good cause to publish these supplementary rules on an 
interim basis because of immediate public safety and resource 
protection needs within the management area. These supplementary rules 
will serve as an enforcement tool in minimizing resource impacts and 
enhancing visitor safety. An estimated 5 million visitors use these BLM 
administered lands, encompassing more than 11 million acres, each year 
for a large variety of

[[Page 36439]]

recreational and other activities. The BLM is responsible for providing 
recreational opportunities on public lands. These interim final 
supplementary rules will prohibit acts, such as riding in truck beds, 
for safety reasons and create resource protection rules such as 
regulating camp fires, trash, and campsite closures. These interim 
final supplementary rules will provide consistency for public lands 
managed by the five Field Offices in the CDD. Therefore, the immediate 
implementation of these supplementary rules is required.
    These rules do not propose or implement any land use limitations or 
restrictions as described in the Multiple Use Classification Guidelines 
of the California Desert Conservation Area Plan other than those 
included within the BLM's decisions associated with the CDCA Plan, as 
amended, and associated environmental impact statements and 
environmental assessments (EA), or allowed under existing law or 
regulation.
    The CDD is located in southern California and includes all BLM 
managed land in Imperial, Inyo, Kern, Riverside, Los Angeles, San 
Bernardino, and San Diego Counties, California. A map of the area can 
be obtained by contacting the CDD office (see ADDRESSES) or by 
accessing the following Web site: http://www.ca.blm.gov. The 
supplementary rules will be available for inspection in the BLM's CDD 
Office in Moreno Valley, the CDD's five Field Offices: Ridgecrest, 
Barstow, Palm Springs-South Coast, Needles and El Centro Field Offices, 
and on kiosks throughout the CDD. These rules will be published in a 
newspaper of general circulation in the affected vicinity at the same 
time they are published in the Federal Register.

 III. Procedural Matters

Executive Order 12866, Regulatory Planning and Review

    These supplementary rules are not a significant regulatory action 
and are not subject to review by the Office of Management and Budget 
under Executive Order 12866. They will not have an effect of $100 
million or more on the economy. They do not affect commercial activity. 
They will not adversely affect, in a material way, the economy, 
productivity, competition, jobs, environment, public health or safety, 
or State, local, or tribal governments or communities. They will not 
create a serious inconsistency or otherwise interfere with an action 
taken or planned by another agency. They do not alter the budgetary 
effects of entitlements, grants, user fees, or loan programs or the 
rights or obligations of their recipients; nor do they raise novel 
legal or policy issues. These rules merely contain rules of conduct for 
public use of public land and provide for consistency within the CDD.

Clarity of the Interim Final Supplementary Rules

    Executive Order 12866 requires each agency to write regulations 
that are simple and easy to understand. The BLM invites your comments 
on how to make these supplementary rules easier to understand, 
including answers to questions such as the following:
    (1) Are the requirements in the supplementary rules clearly stated?
    (2) Do the supplementary rules contain technical language or jargon 
that interferes with their clarity?
    (3) Does the format of the supplementary rules (grouping and order 
of sections, use of headings, paragraphing, etc.) aid or reduce their 
clarity?
    (4) Would the supplementary rules be easier to understand if they 
were divided into more (but shorter) sections?
    (5) Is the description of the supplementary rules in the 
SUPPLMENTARY INFORMATION section of this preamble helpful in 
understanding the interim final supplementary rules? How could this 
description be more helpful in making the interim final supplementary 
rules easier to understand?
    Please send any comments you have on the clarity of the 
supplementary rules to the address specified in the ADDRESSES section.

National Environmental Policy Act (NEPA)

    The BLM has prepared an EA (CA-670-10-38) and has determined that 
the rules would not constitute a major Federal action significantly 
affecting the quality of the human environment under Section 102(2)(C) 
of NEPA, 42 U.S.C. 4332(2)(C). The EA was posted on the CDD Web site 
and was available for a 30-day public comment period from October 20, 
2009 through November 20, 2009. A finding of no significant impact was 
signed February 1, 2010 and a decision record was signed February 1, 
2010. The BLM invites the public to comment on the EA and Finding of No 
Significant Impact in accordance with the Public Comment.
    These supplementary rules merely establish rules of conduct for the 
lands managed by the BLM CDD and its five Field Offices. These rules 
are designed to protect the environment and public health and safety.

Regulatory Flexibility Act

    Congress enacted the Regulatory Flexibility Act (RFA) of 1980, as 
amended, 5 U.S.C. 601-612, to ensure that Government regulations do not 
unnecessarily or disproportionately burden small entities. The RFA 
requires a regulatory flexibility analysis if a rule would have a 
significant economic impact, either detrimental or beneficial, on a 
substantial number of small entities. These rules merely establish 
rules of conduct for public recreational use of specific public lands. 
Therefore, the BLM has determined under the RFA that these rules would 
not have a significant economic impact on a substantial number of small 
entities.

Small Business Regulatory Enforcement Fairness Act

    These interim final supplementary rules do not constitute a ``major 
rule'' as defined at 5 U.S.C. 804(2). These rules merely establish 
rules of conduct for recreational use of certain public lands and do 
not affect commercial or business activities of any kind.

Unfunded Mandates Reform Act

    These supplementary rules do not impose an unfunded mandate on 
State, local or tribal governments or the private sector of more than 
$100 million per year; nor do these supplementary rules have a 
significant or unique effect on State, local, or tribal governments or 
the private sector. These supplementary rules have no effect on State, 
local, or tribal governments and do not impose any requirements on any 
of these entities. Therefore, the BLM has determined that a statement 
containing the information required by the Unfunded Mandates Reform Act 
(2 U.S.C 1531 et seq.).

Executive Order 12630, Governmental Actions and Interference with 
Constitutionally Protected Property Rights (Takings)

    These supplementary rules do not represent a government action 
capable of interfering with constitutionally protected property rights. 
The supplementary rules do not address property rights in any form, and 
do not cause the impairment of one's property rights. Therefore, the 
BLM has determined that these interim final supplementary rules would 
not cause a ``taking'' of private property or require further 
discussion of takings implications under this Executive Order.

Executive Order 13132, Federalism

    The supplementary rules will not have a substantial direct effect 
on the

[[Page 36440]]

States, on the relationship between the national government and the 
States, or on the distribution of power and responsibilities among the 
various levels of government. These supplementary rules do not conflict 
with any California State law or regulation. Therefore, in accordance 
with Executive Order 13132, the BLM has determined that these 
supplementary rules do not have sufficient Federalism implications to 
warrant preparation of a Federalism Assessment.

Executive Order 12988, Civil Justice Reform

    Under Executive Order 12988, the BLM California State Office has 
determined that these supplementary rules would not unduly burden the 
judicial system and that they meet requirements of sections 3(a) and 
3(b)(2) of the Order.

Executive Order 13175, Consultation and Coordination with Indian Tribal 
Governments

    In accordance with Executive Order 13175, the BLM has found that 
these supplementary rules do not include policies that have tribal 
implications. The supplementary rules do not affect Indian resource, 
religious, or property rights.

Executive Order 13211, Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use

    These supplementary rules do not comprise a significant energy 
action. The rules will not have an adverse effect on energy supply, 
production, or consumption and have no connection with energy policy.

Executive Order 13352, Facilitation of Cooperative Conservation

    In accordance with Executive Order 13352, the BLM has determined 
that the supplementary rules will not impede facilitating cooperative 
conservation; will take appropriate account of and consider the 
interests of persons with ownership or other legally recognized 
interests in land or other natural resources; properly accommodate 
local participation in the Federal decision-making process; and provide 
that the programs, projects, and activities are consistent with 
protecting public health and safety. These rules merely establish rules 
of conduct for recreational use of certain public lands.

Paperwork Reduction Act

    These supplementary rules do not contain information collection 
requirements that the Office of Management and Budget must approve 
under the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Information Quality Act

    In developing these supplementary rules, the BLM did not conduct or 
use a study, experiment or survey requiring peer review under the 
Information Quality Act (Section 515 of Pub. L. 106-554).

Author

    The principal author of these interim final supplementary rules is 
Lynnette Elser, Planning and Environmental Coordinator, BLM California 
Desert District.
Supplementary Rules for Lands Managed by the BLM California Desert 
District Office
    For the reasons stated in the Preamble and under the authority of 
43 CFR 8365.1-6, the California State Director, Bureau of Land 
Management, issues supplementary rules for public lands managed by the 
California Desert District (CDD), to read as follows:
Section 1--Definitions
    BLM California Desert District means public land, managed by the 
BLM, totaling over 11 million acres, primarily in the southern and 
eastern portions of California. The California Desert District, under 
the authority of the District Manager, provides coordination and 
oversight to the five field offices of the California Desert District. 
The California Desert District office is located in Moreno Valley, 
California. This includes all of the land managed by the BLM Ridgecrest 
Field Office, the BLM Barstow Field Office, the BLM Palm Springs-South 
Coast Field Office, the BLM Needles Field Office, and the BLM El Centro 
Field Office. A map of this land is available at the CDD office.
    Camp means day or overnight use of a tent, trailer, motor coach, 
fifth wheel, camper, or similar vehicle or structure.
    Developed Sites and Areas means sites and areas that contain 
structures or capital improvements primarily used by the public for 
recreation purposes. Such sites or areas may include such features as: 
Delineated spaces for parking, camping or boat launching; sanitary 
facilities; potable water; grills or fire rings; tables; or controlled 
access. This definition is consistent with 43 CFR part 8360.
    Off Road Vehicle (ORV) means ORV as defined by 43 CFR 8340.0-5.
    Public Nudity means nudity in a place where a person may be 
observed by another person.
    Nudity means nudity as defined by 14 California Code of Regulations 
Section 4322.
    Special Recreation Permit means a permit issued under the authority 
of 43 CFR 8372.1.
Section 2--Supplementary Rules
    The following rules apply on public lands administered by the BLM 
California Desert District unless explicitly authorized by a permit or 
other authorization document issued by the BLM:
    1. Public nudity is prohibited at all developed sites and areas and 
all ORV open areas.
    2. It is prohibited for a person to ride in or transport another 
person in or on a portion of an ORV or trailer that is not designed or 
intended for the transportation of passengers.
    3. It is prohibited to use as firewood, or have in their 
possession, any firewood materials containing nails, screws, or other 
metal hardware, including, but not limited to, wood pallets and/or 
construction debris.
    4. Possession of glass beverage containers is prohibited in all 
developed sites and areas and all ORV open areas.
    5. It is prohibited to place into the ground any non-flexible 
object, such as, but not limited to, metal or wood stakes, poles, or 
pipes, with the exception of small tent or awning stakes, at all 
developed sites and areas and all ORV open areas.
    6. It is prohibited to camp within the areas commonly known as 
Competition Hill Corridor and Competition Hill located within the 
Dumont Dunes ORV Area, as shown in the map at the entrance kiosk.
    7. It is prohibited to reserve or save a camping space for another 
person at all developed sites and areas and all ORV open areas.
    8. All persons must keep their sites free of trash and litter 
during the period of occupancy.
    Employees and agents of the BLM are exempt from these rules during 
the performance of specific official duties as authorized by the CDD 
Manager, or the Ridgecrest, Barstow, Needles, Palm Springs-South Coast 
or El Centro Field Managers.
Section 3--Penalties
    On public lands under Section 303(a) of the Federal Land Policy and 
Management Act of 1976 (43 U.S.C. 1733(a); 43 CFR 8360.0-7; 43 CFR 
2932.57(b)), any person who violates any of these supplementary rules 
may be tried before a United States Magistrate and fined no more than

[[Page 36441]]

$1,000 or imprisoned for no more than 12 months, or both.
    Such violations may also be subject to the enhanced fines provided 
for by 18 U.S.C. 3571. Those who violate these rules may also be 
subject to civil action for unauthorized use of the public lands, 
violations of special recreation permit terms, conditions, or 
stipulations, or for uses beyond those allowed by the permit under 43 
CFR 2932.57(b)(2).

James Wesley Abbott,
Acting State Director.
[FR Doc. 2010-15437 Filed 6-24-10; 8:45 am]
BILLING CODE 4310-40-P